Section 40

Amendment status not verified — confirm the current text below against the official source.

At the conclusion of the inquiry, and after receipt of the order of the High Court (which shall be binding upon the Forest Court) upon the reference (if any) prescribed by the preceding section, the Forest Court shall proceed to pass such order in the case as it may consider just and proper; and the order passed by the said Court or by the majority of the members of the said Court shall be final. CHAPTER – VI-A OF THE COLLECTION OF DRFT AND STRANDED TIMBER Certain kinds of timber to be deemed property of Government until thereto proved, and may be collected accordingly 40-A (1) All timber found adrift, beached, stranded or sunk, all timber bearing marks which have not been registered under the rules made under section 35 or on which the marks have been obliterated, altered or defaced by fire or otherwise, and in such areas as the Government may direct, all unmarked timber shall be deemed to be the property of Government unless and until any person establishes his right and title thereto, as provided in this Chapter. (2) Such timber may be collected by any Forest Officer or other person entitled to collect the same by virtue of any rule made under section 40-F and may be brought to such station as the Forest Officer may from time to time notify as a station for the reception of drift timber. (3) The Government may, by notification in the Official Gazette, exempt any class of timber from the provisions of this section and may, in like manner withdraw such exemption. Notice to claimants of timber collected under section 40-A 40-B Public notice shall, from time to time, be given by the Forest Officer of timber collected under section 40-A. A copy of such notice shall also be published in the Official Gazette and in the Official Gazette of the district. Such notice shall contain a description of the timber, and shall require any person claiming the same to present to such officer, within a period not less than two months from the date of such notice, a written statement of such claim. Procedure on claim preferred to such timber 40-C (1) When any such statement is presented as aforesaid, the Forest Officer may, after making such inquiry as he thinks fit, either reject the claim after recording his reasons for so doing, or deliver the timber to the claimant. (2) If such timber is claimed by more than one person, the Forest Officer may either deliver the same to any such person whom he deems entitled thereto or may refer the claimants to the Civil Court , and retain the timber pending receipt of an order from any such court for its disposal. (3) Any person whose claim has been rejected under this section may, within four months from the date of such rejection, institute a suit to recover possession of the timber claimed by him, but no person shall recover any compensation or costs against the Government, or against any Forest Officer, on account of such rejection or the detention or removal of any timber, or the delivery thereof to any other person under this section. (4) No such timber shall be subject to process of any Civil, Criminal or Revenue Court until it has been delivered or a suit has been brought, as provided in this section. Disposal of unclaimed timber 40-D. If no such statement is presented aforesaid, or if the claimant omits to prefer his claims in the manner and within the period prescribed by the notice, issued under section 40-B, or on such claim having been so preferred by him and having been rejected, omits to institute a suit to recover possession of such timber within the further period specified in section 40-C, the ownership of such timber shall vest in the Government, or when such timber has been delivered to another person under section 40-C, in such other person free from all encumbrances not created by him. Payments to be made by claimant before timber is delivered to him. 40 E No person shall be entitled to recover possession of any timber collected or delivered as aforesaid until he has paid to the Forest Officer or other person entitled to receive it such sum on account thereof as may be due under any rule made under section 40-F Power to make rules&prescribe penalties 40-F (1) The Government may, from time to time, make rules to regulate the following matters, namely (a) the salving collection and disposal of all timber mentioned in section 40-A; (b) the use and registration of boats used in salving and collecting timber; (c) the mounts to be paid for saving, collecting, moving, storing and disposing of such timber; (d) the use and registration of hammers and other instruments to be used for marking such timber (2) The Government may by such rules prescribe, as penalties for the infringement thereof, imprisonment for a term which may extend to six months or fine which may extend to five hundred rupees or both. CHAPTER – VI - B OF ROYALTIES Royalties 40-G (1) Trees of the following species that is to say, teak, black wood, ebony and sandalwood and also ivory and teeth of elephants, either grown or found on Government land or private property, are royalties and no trade shall be carried on in them unless they have been duly obtained from the Government. (2) The trees mentioned in sub-section (1) shall not be felled by any person without the written permission of the Chief Conservator of Forests or such other officer as may be authorized by him in writing, but the owner of any property on which a teak, black wood, ebony or sandalwood tree is standing may after obtaining the written permission of the Chie Conservator of Forests or other officer authorized by him as aforesaid, and on such terms as the Government may determine fell any such tree fro his private use, and when any such tree is removed from such property on account of the Government, the owner shall be entitled to a payment (hereinafter referred to in this Chapter as kudivila) at rates which the Government may from time to time determine. Exception :- This section shall not apply to trees in places where royalty in trees has been abolished by Proclamations (Travancore), dated the 11th January 1936 and the 25th August 1942 ) Notice of proposal to cut and 40-H When it is proposed to cut and remove any royalty trees from private lands by Government agency, notice in the prescribed form shall be given to the registered holder of the land from which the trees are proposed to be cut and removed. Such remove royalty trees notice may be sent by registered post to the registered holder of the land and shall also be pasted in the village and taluk offices. Joint mahazar to be prepared before removal of the trees 40-I Before any such trees are removed, a joint mahazar shall be prepared in the prescribed form by a Forest Officer not below the rank of a Forester in conjunction with the local village officer and whenever possible in the presence of the registered holder of the land or his authorized agent who shall also attest the mahazar. Notice as to when the trees re proposed to be removed and when the joint mahazar is proposed to be prepared shall be given to the registered holder of the land. Such notice may be sent by registered post. Notice calling claims for kudivila 40-J After the preparation of the Joint mahazar referred to in section 40-I, another notice in the prescribed form shall be published by pasting in the village and taluk offices and on some conspicuous part of the land from which the trees re cut, calling upon all claimants to prefer their claims to kudivila within ninety days from the date of publication of such notice to the Forest officer empowered for the purpose and to produce all documents and other evidence in support of their claims. Inquiry by Forest Officer into claims for kudivila 40-K (1) When a claim has been preferred as required by section 40-J the Forest Officer empowered in that behalf shall inquire into such claims recording all statements and the evidence in the manner prescribed by the Code of Civil Procedure, 1908 (Central Act V of 1908) in appeal able cases. (2) When no such claim has been preferred as required in section 40-J the inquiry shall be conducted ex-parte. (3) For the purpose of such inquiry the Forest Officer aforesaid may exercise all the powers of Civil Court in the trial of suits. Award to be made after inquiry 40-L (1) on the completion of the inquiry by the Forest Officer under section 40-K he shall make an award under his hand of- (a) the kudivila which in his opinion shall be allowed, and (b) the appointment of the kudivila so allowed among all the persons interested in the land of whose claims there is evidence whether they have appeared before him or not. (2) The award shall be filed in the office of the Forest Officer and shall be final except as hereinafter provided. Notice of the award shall forthwith be given to all the parties who are interested. Reference to Court 40-M (1) Any party to the inquiry who is aggrieved by the award may, by written application to the Forest Officer making such award, require tat the matter be referred to the District Court, within whose jurisdiction the land is situated, whether his objection be to the amount of the kudivila, the person to whom it is payable, or the appointment of the kudivila, and the Forest Officer shall refer the application to the District Court within sixty days of the date of the application. (2) The application shall state the grounds on which objection to the award is taken and shall be made within sixty days of the date of the receipt of the notice of the award. (3) If on account of the complicated nature of the claim or for other reason, the Forest Officer is of opinion that a reference has to be made to the District Court he may himself refer the matter to be decided by the District Court within whose jurisdiction the land is situated. Forest Officer statement to Court 40-N (1) in making the reference, the Forest Officer shall state, for the information of the District Court, in writing under his hand- (a) the extent and situation of the land, with particulars of the trees cut and removed; (b) the names of the persons whom he has reason to think are interested in such land; (c) the amount of kudivila; and (d) if the objection be as to the amount of kudivila the grounds on which it was determined. 2) To the said statement shall be attached a schedule giving the particulars of the notice served upon, and of the statements in writing made or delivered by, the parties interested and the evidence adduced by them. Service of notice 40-O The District Court shall thereupon cause a notice specifying the day on which the court shall proceed to determine the objection and directing their appearance before the Court on that day, to be served on the following, namely:- (a) the applicant, (b) all persons interested in the inquiry, and (c) the Government Scope of the inquiry 40-P The scope of the inquiry in every such proceeding shall be restricted to a consideration of the interests of the persons affected and every such proceeding shall be taken in open Court. Form of award by Court 40-Q Every award made by the Court shall be in writing signed by the Judge, and shall specify the amount of the kudivila awarded and the respective persons to whom it shall be payable. Against the award made by the District Court, an appeal shall lie to the High Court. Tendering payment 40-R On making an award under section 40-L, the Forest Officer shall tender payment of the kudivila awarded by him to the persons entitled thereto according to the award, and shall pay it to them, unless they refuse to receive it, or there is any dispute as to the title to receive the kudivila or an to appointment thereof. Forest offence to carry out the Court's awards as his own 40-S If the award made by the Forest Officer is reversed or modified either by the District Court or by the High Court, the Forest Officer shall proceed to deal with it in like manner as if it had been in the first instance made by himself. Bar of claims to kudivila 40-T No claims to kudivila preferred after three years from the date of publication of the notice mentioned in section 40-J shall be admitted by the Forest Officer nor shall any such claims be entertained in court of law except for references under section 40- M. Rules to be made by Government 40-U The Government may make rules regulating or prohibiting the felling, lopping cutting, maiming, or otherwise maltreating of any tree which is a royalty or any other tree standing on land temporarily or permanently assigned, the right of the Government over which has been expressly reserved in the deed of grant or assignment of such land. 40-V Whoever- (a) fells, girdles, lops, marks, mutilates, or otherwise damages any tree which is a royalty, in contravention of the rules made by the Government, or (b) fells such trees in places other than those for which he has obtained permission from a Forest Officer or in quantities larger than or different in kind from, those so permitted, or Punishment for felling etc, trees which are royalties (c) is found in possession o such trees, or of any forest produce which is a royalty without having honestly obtained it, shall, on conviction by a Magistrate, be liable to imprisonment which may extend to six months, or to fine which may extend to five hundred rupees, or to both. (2) In cases where the offence is committed after sunset and before sunrise, or after making preparation for resistance to the execution of any law or any legal process, or where the offender has been previously convicted of a like offence, the convicting Magistrate may inflict double the penalty prescribed for such offence. Other provisions not affected 40-W The provisions of this Chapter shall be in addition to, and not in derogation of, the other provisions of this Act. Extension of Tami Nadu Act V of 1882 and certain other Act in transferred territory repeals and savings (1) The Tamil Nadu Forest Act, 1882 (Tamil Nadu Act V of 1882) as in force immediately before the date of the commencement of this Act and as amended by this Act the Tamil Nadu Wild Elephants Preservation Act, 1873 (Tamil Nadu Act I of 1873), the Tamil Nadu Forest (Validation) Act, 1882 (Central Act XXI of 1882) and the Wild Birds and Animals Protection Act, 1912 (Central Act VIII of 1912), as in force immediately before the date of the commencement of this Act (hereinafter in this section referred to as the said law) are hereby extended to, and shall be in force in the transferred territory. (2) The Game and Fish Protection Act (Travancore Act XII of 1089), the Travancore- Cochin Forest Act, 1951 (Travancrore-Cochin Act III of 1952) and any other law corresponding to the said law, in force in the transferred territory immediately before the date of the commencement of this Act, shall stand repealed on the date of such commencement. (3) The repeal by sub-section (2) of the Game and Fish Protection Act (Travancore Act XII of 1089), the Travancore-Cochin Forest Act, 1951 (Travancrore-Cochin Act III of 1952) and any other law corresponding to the said law, in force in the transferred territory immediately before the date of the commencement of this Act shall not affect- (a) the previous operation of any such Act or law or anything duly done or suffered thereunder; (b) any right, privilege, obligation or liability acquired, accrued or incurred under any such Act or law; or (c) any penalty, forfeiture or punishment incurred in respect of any offences committed against any such Act or law; or (d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; and any such investigation legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if this Act had not been passed. (4) Subject to the provisions of sub-section (3), anything done or any action taken, including any appointment made, notification, order, instruction or direction issued, or any rule or form framed under any such Act or law shall be deemed to have been done or taken under the said law corresponding thereto and shall continue to have effect accordingly, unless and until superseded by anything done or any action taken under the said law. (5) For the purpose of facilitating the application of the said law in the transferred territory, any court or other authority may construe such law with such alterations not affecting the substance as may be necessary or proper to adapt it to the matter before the court or other authority. (6) Any reference in the said law to a law which is not in force in the transferred territory shall, in relation to that territory, be construed as a reference to the corresponding law, if any, in force in that territory. (7) Any reference in any law which continues to be in force in the transferred territory after the date of commencement of this Act, to any Act or law, repealed by sub-section (2) shall, in relation to that territory, be construed as a reference to the said law corresponding thereto. (8) (a) If any difficulty arises in giving effect to the provisions of this Act or of the said law as extended to the transferred territory by this Act, the State Government, as occasion may require, may, by order, do anything which appears to them necessary for the purpose of removing the difficulty. (b) All orders made under clause (a) shall be published in the Official Gazette and, unless they are expressed to come into force on a particular day, shall come into force on the day on which they are so published. (c) Every order made under clause (a) shall, as soon as possible, after it is made, be placed on the table of both. Houses of the Legislature, and if, before the expiry of the session in which it is so placed or the next session, both Houses agree in making any modification in any such order or both Houses agree that the order should not be made, the order shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order. Explanation - For the purpose of this section, the expression "transferred territory" shall mean the Kanyakumari district and the Shencottah taluk of the Tirunelveli district. CHAPTER – VII PENALTIES AND PROCEDURE Seizure of property liable to confiscation 41 (1) When there is reason to believe that a forest offence has been committed in respect of any timber or forest produce, such timber or produce, together with all tools, ropes, chains, beats, vehicles and cattle used in committing any such offence, may be seized by a Forest Officer or Police Officer. (2) Any Forest Officer or Police Officer may, if he has reason to believe that a vehicle has been or is being used for the transport of any scheduled timber in respect of which there is reason to believe that a forest offence has been or is being committed, require the driver or other person in charge of such vehicle to stop the vehicle and cause it remain stationery as long as may reasonably be necessary for examination of the contents in the vehicle and inspection of all records relating to the scheduled timber and in possession of such driver or other person in charge of the vehicle or any other person in the vehicle. Make a report of such seizure (3) Every officer seizing any property under this section shall place on such property or the receptacle (if any) in which it is contained, a mark indicating that the same has been so seized, and shall as soon as may be, (a) where the offence on account of which the seizure has been made is in respect of the scheduled timber which is the property of the Government or in respect of which the Government have nay interest. To the concerned authorized officer under section 49 A., and (b) in other cases to the Magistrate having jurisdiction to try the offence on account of which the seizure has been made. Provided that, when the timber or forest produce with respect to which such offence is believed to have been committed is the property of the Central or State Government and the offender is unknown, it shall be sufficient if the officer makes, as soon as may be, a report of the circumstances to his official superior. Procedure thereupon 42(1) Upon the receipt of any such report the Magistrate shall take such measures as may be necessary for the trial of the accused and the disposal of the property according to law. Timber, forest produce, tools etc, which liable to confiscation